(2007) JELR 49324 (SC)    

Supreme Court  ·  SC.167/2001 ·  26 Jan 2007 ·  Nigeria
Other Citations
Gbadamosi v. Dairo (2007) 3 NWLR (Pt.1021) 282 (2007) 1-2 S.C (Pt II) 157 (2007) 1-2 S.C (Pt II) 157
SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
alesinloye family
miscarriage of justice
fresh point of law
aleshinloye family
decision of the trial court
learned trial judge
statement of claim
suit no.
parcel of land
said land
general damages
order of perpetual injunction
wrong decision
notice of appeal
olojuoro road
brief of argument
decision of the court of appeal
leave of the court of appeal
native law
respect of the piece
survey plan no. mak
back ground facts of the case
behalf of the appellant
chief s. adewumi
conclusion of the trial
concurrent finding
correct location of the identity of the plots
dismissal of his appeal
distilled issues
grounds of appeal
high court
high court of justice of oyo state
issue of the identity of the land
leading judgment
leave of this court
light of the court of appeal rules
part of a larger tract of land
portion of a larger tract of land
see rllfai v
subject matter of a court action
sum of n15,000

D. MUSDAPHER, J.S.C (Delivering the Leading Judgment): In the High Court of Justice of Oyo State, in the Ibadan judicial division and in suit No. 1/344/83, and in his writ of summons, the plaintiff claimed against the defendant the following reliefs:

"(i) Declaration of title to a certificate of occupancy in respect of the piece or parcel of land situate, lying and being at Olojuoro road, Ibadan.

(ii) The sum of N15,000 (Fifteen Thousand Naira) being special and general damages suffered by the plaintiff in consequence of continuing acts of trespass being committed by the defendant on the said land.

(iii) An Order of perpetual injunction restraining the defendant, his servants or agents or any person claiming through or under him from committing any further acts of trespass on the land."

Pleadings were ordered, filed and exchanged. By paragraph 24 of the statement of claim the following particulars of damages claimed were stated thus:

"Particulars of Damages

(a) Cost of building demoli…

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